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STATE OF OKLAHOMA
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2nd Session of the 54th Legislature (2014)
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HOUSE BILL 2895
By: Morrissette
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AS INTRODUCED
An Act relating to building structures; creating the
Oklahoma Home Safe Initiative of 2014; directing that
certain rate filings include certain discounts or
reductions; amending 59 O.S. 2011, Section 1000.23,
which relates to the Oklahoma Uniform Building Code
Commission Act; requiring adoption of certain minimum
standards of construction; providing certain
findings; creating tax credits for high-wind-tolerant
residential structure retrofits and new construction;
limiting credits; providing for carryover of credits;
providing for codification; providing for
noncodification; and providing an effective date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
NEW LAW
A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Oklahoma Home
Safe Initiative of 2014”.
SECTION 2.
NEW LAW
A new section of law to be codified
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in the Oklahoma Statutes as Section 987.1 of Title 36, unless there
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is created a duplication in numbering, reads as follows:
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A rate filing for residential property insurance must include
actuarially reasonable discounts, credits or other rate
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differentials, or appropriate reductions in deductibles, for
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properties where fixtures or construction techniques have been
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installed or implemented that can withstand winds up to two hundred
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(200) miles per hour and above as can be independently verified by
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or referenced to known high-wind tolerances by the University of
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Oklahoma Donald G. Fears Structural Engineering Laboratory.
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fixtures or construction techniques shall include, but not be
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limited to, fixtures or construction techniques which enhance roof
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strength, roof-covering performance, roof-to-wall strength, wall-to-
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floor-to-foundation strength, opening protection, and window, garage
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door and skylight strength.
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SECTION 3.
AMENDATORY
The
59 O.S. 2011, Section 1000.23, is
amended to read as follows:
Section 1000.23
A.
The Oklahoma Uniform Building Code
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Commission shall have the power and the duty to review and adopt all
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building codes for residential and commercial construction to be
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used by all entities within this state.
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by the Commission shall be the minimum standards for residential and
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commercial construction in this state with the exception of high-
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wind standards which shall be greater than minimum standards for
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residential and commercial construction as can be independently
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verified by or referenced to known high-wind tolerances by the
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University of Oklahoma Donald G. Fears Structural Engineering
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Laboratory.
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Codes and standards adopted
It is the finding of the Oklahoma Geological Survey
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that Oklahoma soil composition and drainage pose no greater
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challenge to the construction of basements in Oklahoma than any
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other soil composition or drainage.
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B.
All public projects shall abide by such minimum standards
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and requirements; provided, nothing in this act shall prevent or
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take away from state agencies the authority to enact and enforce
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requirements containing higher standards and requirements than such
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minimum standards and requirements.
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C.
Municipalities, counties and other political subdivisions
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shall abide by such minimum standards and requirements; provided,
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nothing in this act shall prevent or take away from such
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municipalities, counties and other political subdivisions the
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authority to enact and enforce requirements containing higher
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standards and requirements than such minimum standards and
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requirements.
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SECTION 4.
NEW LAW
A new section of law to be codified
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in the Oklahoma Statutes as Section 2357.32C of Title 68, unless
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there is created a duplication in numbering, reads as follows:
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A.
For taxable years beginning after December 31, 2014, there
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shall be allowed against the tax imposed by Section 2355 of Title 68
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of the Oklahoma Statutes, a credit for any individual taxpayer who:
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1.
Owns an existing residential structure which prior to
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retrofitting was rated to withstand at least ninety-mile-per-hour
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winds but less than two-hundred-mile-per-hour winds; and
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2.
Retrofits the residential structure to meet the continuous
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load path definition of metal connectors in place from the roof to
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the foundation installed at all connecting intersections to include
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roof framing rafters and trusses connected to the top and bottom of
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wall studs on all levels, and attaches or reattaches the bottom
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floor of the residential structure to the foundation with mudsill
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anchors or anchor bolts.
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B.
The amount of the credit permitted by subsection A of this
section shall be equal to one-third (1/3) the expense incurred by
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the residential structure owner for labor and materials, excluding
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any costs associated with inspections of the property by a licensed
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building inspector.
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credit authorized by subsection A of this section.
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C.
Each individual taxpayer is limited to one
For taxable years beginning after December 31, 2014, there
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shall be allowed against the tax imposed by Section 2355 of Title 68
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of the Oklahoma Statutes, a credit for any individual taxpayer who
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incurs costs related to new construction of high-wind-resistant or
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high-wind-tolerant residential structures and outbuildings, when:
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1.
The structures and outbuildings are tested to show the
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ability to withstand wind speeds of two hundred (200) miles per
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hour; or
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2.
The structures and outbuildings are constructed of materials
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known to be high-wind resistant or high-wind tolerant, such as
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concrete or wooden block.
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D.
The amount of the credit permitted by subsection C of this
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section shall not exceed Five Thousand Dollars ($5,000.00).
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individual taxpayer is limited to one credit authorized by
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subsection C of this section.
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E.
Each
If the allowable tax credits permitted by subsections A and
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C of this section exceed the taxes otherwise due under Title 68 of
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the Oklahoma Statutes on the income of the claimant, or if there are
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no taxes due under Title 68 of the Oklahoma Statutes, the taxpayer
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may carry over the amount of the claim not used for not more than
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five (5) consecutive taxable years to offset the taxes under Title
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68 of the Oklahoma Statutes in those years.
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SECTION 5.
This act shall become effective November 1, 2014.
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54-2-9731
AMM
01/14/14
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Req. No. 9731
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